CHRISTIAN v. VILL. OF HERKIMER


5 A.D.2d 62 (1957)

Malcolm Christian, Respondent, v. Village of Herkimer, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 20, 1957.


Attorney(s) appearing for the Case

Philip D. O'Donnell for appellant.

Phillip T. Young and Andrew J. Moore for respondent.

All concur, except McCURN, P. J., who dissents and votes for affirmance in a separate opinion. Present — McCURN, P. J., VAUGHAN, KIMBALL, WILLIAMS and BASTOW, JJ.


VAUGHAN, J.

This appeal by defendant is taken from an order of the Special Term, Supreme Court, Herkimer County, denying defendant's motion to dismiss the complaint on the ground that the cause of action alleged did not accrue within the time limited by law for the commencement of an action.

On November 29, 1954, the plaintiff was injured in a sidewalk accident, causing him to fall. As a result of the injuries he sustained, plaintiff was confined...

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